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1 1 4. . . l I tS v la C V ' 44-44;4444-4-444-4444 j
44 44444444-4, 44444 JJfl (L WEATHER TODAY Fair. ! IH
Vol.. XL VI. No. 350. v Salt Lake City, Utaji, Thursday Moigstg, jVIabcii 3,1, 1904. 12 phges.five Gents. I I
If $20,000, PLEASE, SAYS
H - COURT TO COPPER
fl KING HEINZE,
J1 Money Must Be Paid fay This
iv Morning or Into Jail Goes
the Butte Magnate.
fFIno Imposed for Violation of
I ! Federal Court's Orders-ln
Famous Copper War,
wo of Hoiuzft's Iiienrtcrtants, Who
AJeo .Violated tho Court's Order,
, Are Pined 1000 Each.
-UT1U MonU Maxctt 30.
- UUP '-me Judgment of this court 4
H- D ,B that A"ff' H(iln5'-e
J03lah H. Trcrlse and Al- 4-
4 frod Frank stand guilty of con- 4-4-
tempt of court In cause No. 70, 4
4- and that, Carlos Warfleld Is not 4
4- guilty and Is discharged. 4
4 "As punlBhmcnt, therefore, -I 4
4 will ImpoBC a flno of $20,000 upon
4- F. Augustus Hclnze, $1000 upon- -4
4- Alfred Frank and flOOO upoi J. 4-4-
H. Trorlse. This money to be 4
4- deposited In the First National 4-4-
bonk of Butto, Mont., by 11 4
4- o'clock tomorrow (Thursday) 4
4- morning to tho credit of George 4
S- Sproule, clerk of the United
4 States court for this district, or 4
t 4 the dcfemlantB are to be taken 4-4-
into custody by the United States 4
4- Marshal and conveyed to Hel- 4"
4 ona, there to be confined until 4-4-
the fines arc paid."
Defendants Hear Boom.
Such wrfs the judgmont of Judge
Beatty this niornlng in the United
. ' States court when he passed upon cause
T No, 70. an action brought by the Butte
' & Boston Mining company against the
ctofendantH named, " for entering the
, Michael Dcvett lodo claim and extract
ing therefrom valuable ore, on what is
known as the Knargltc vein. Ilclnzo.
and the other defendants were In the
courtroom and heard tho decree of the,
jj Jfjjt Judge Beatty reserved decision on
f fllnl tMO othcr counts- ,n whIch Heinze is
I m charged with contempt. This has the
Irtjl effect of keeping an Imprisonment sen-
FJjjj tence hanging over Heinze.
'fjjl Judge Beatty announces that there
mlV will be no imprisonment if. the fines are
tyL, 5 paid and there are no further, violations
Vi' 'J r lne court's orders.
A- An order providing for a permanent
H "jj Inspection board for the mines, the
Bk court says, is final, and any Infraction
oe severely punished. The Amal-
HA i gamated and Heinze Interests are ti-j'-
H lng to agree, at a conference this after-
A. Jj. Frank is superintendent of the
;i Johnstown Mining company and J. H.
' Trerlsc la superintendent of the Karus
! mine.
f i Judge Beatty vas called in from the
j United States Dlntrlct court of Idaho,
liy Judge Knowles, to try the case. It
I js not thought any mine -will be closed
i I by the decision nor any men thrown
I j out of work.
If f History of the Case.
I The litigation -which resulted in F.
,: Augustus Heinze being fined today is of
' four years' standing and is over the
Michael Dcvltt claim, adjoining both
the Rarus mine, owned by Heinze, and
V the Pennsylvania, owned by the Amal-
; irn mated Copper company,
j! In the latter part of 1S09 the claim
1! was put under injunction by Judge
II Knowles of the Unitc-d States District
l court, both parties to the suit being en
I Joined pending decision as to title,
1 which decision is still pending.
1 Up to Juno of last year both parties
observed the Injunction. Then the
Heinze forces, owning the Ranis, It is
m alleged, began to mine the claim, In
I open violation of the court's Injunction.
' Federal Inspectors appointed by
I Judge Knowles were refused admlt
I tance to the Raima, whenco they wished
I, to get Into the Devitt, even when gilld
& cd by United States Marshal Lloyd.
5j?i Then tho CIroult court Judge called
, In Judge Beatty to decide whether or
'I i jH not the orders of the Federal court had
9 been violated.
Jj2 Three weclcs ago Heinze, Treriro and
Frank were arrefited by Marshal Lloyd, )
on Judge ICnowlce's order, after they
had refused the Marshal and Federal
) inspectors admission to tho mine.
They Were allowed to go on parole
until Judge Beatty could get here.
I The text of the decision huowm that
the fine is in the nature of a deposit
pending final adjudication of the bro
bodies in controversy.
y In an Interview this afternoon Judge
Beatty said: "Should later develop
ments in the trial of the case prove
that Mr. Heinze Is entitled to this ore
the money should be returned to him,
or at least a part of St, but I believe
in any event- he should pay a tine- for
the violation of the injunction order.
"Should the plaintiffs be entitled to
the ore, I believe the money should be
turned over to thorn to apply on the
payment of the Judgment."
Late this evening, after a conference,
the Amalgamated company announced'
that It would be Impossible to reach an
, agreement regarding Inspectors and
-that the court might as well make an
frP- ) order for the inspection. It was then
"i q,xi I agreed that an order would be granted
Yd,) tor an inspection of the workings two
nwi times eacli week. An order to that :
. ; feet will probably be signed Thuruday
2B morning. u ,
MYSTERIOUS DEATH OF
BRITISH OFFICER'S WIFE
4 NEW YORK, March 30. Mrs. 4
4 Virile Fish, wife of Capt. John 4
4 Albert Fish, late of the British 4
4 army, was found dead in her 4
4 apartments In West 111th street 4
4 tonight. Her death Is supposed 4
- to have resulted from chloroform 4
4 poisoning. 4
4 According to the statements of 4
4 her maid and of her husband, 4
4, Mrs. Fish obtained a, bottle oC 4
! 4 chloroform liniment in the after- 4-
4 noon .and retired to her room. 4
4- She had been In the habit of us- 4
4- ing the liniment for an affection 4
4- of the ear. 4
4- Captain FJsh achieved noto- 4
4- jiety lately through the nccusa- 4-
4 tlons ho made against a woman 4
4- for tho larceny of an $8000 neck- 4
4 lace, tho property, of his wife. 4
4 It is believed deatii was due to 4
4 heart failure brought on by the 4
4 inhaling of the fumes of the 4-
4 chloroform. ' ' 4
4-44-444-4-4-44-4444-4-4
UP AGAINST BED
TAPE ETIQUETTE
Forakers Had to Get Out New Invita
tions to Smooth Ruffled Dignity
of Court Set.
Special to Tho Tribune.
WASHINGTON. March 30. Eti
quette In Washington is becom
ing an exceedingly complicated
affair, and those hosts who wish
to got Embassadors and Justices of tho
Supreme court and other high official
dignitaries to attend their functions
must hew to the line of conventional
ity. 'Senator and Mrs. Foraker, -whose re
ception to the Secretary of War, Wil
liam R. Taft of Cincinnati, was the
most brilliant event of the season, re
ceived an Impressive object leseon on
the niceties and dllilcultles of life, in
Washington.
Senator Foraker issued flvo hundred
cards of invitation to meet the Secre
tary of War. In a short time he re
ceived hints that j Embassadors, Jus
tices, etc.,' could not be asked to meet
Mr. Taft because his measure of offi
cial dignity was lower than theirs.
The Senator consulted the best au
thorities, now' Col. Symons and Miss
Isabel Hagner, social secretary to Mrs.
Roosevelt, and the verdict was that he
would have to get a new set of invita
tions. Even som" of the Senators objected
to being asked to "meet" Mr. Taft, and
such a plain, unpretentious- man as the
Speaker of the House thought his dig
nity had been assailed.
Tho Forakc-rs had another set of In
vitations engraved and these had no
mention of the Secretary of War.
"Everybody" was at the Taft ban
quet, and not a feather of olllelal dig
nity was milled.
FORTY LITTLE- BROWN
MEN FELMN BATTLE j
Russia's Figures on Casualties in
Ranks of Enemy at I
Chung Ju.
ST. PETERSBURG. March 20. A la
ter official dispatch from Gen.
Mishtchenko reports than on the
authority of the inhabitants of
Chong Ju, Korea, the Janancso lost -10
men killed, 100 wounded and a number
of horses, during; the fighting there on
Monday. (
Tho Japanese employed 500 Korean
bearers to carry their wounded to Anju.
Gen. . Mishtchenko adds that Capt.
Stopanoff, who was among the Russian
wounded, died yesterday.
. The above, which was dated March
2&th, was forwarded to the Emperor by
Gen. Kuropatkln.
Jap Story of Chung Ju Battle.
LONDON, March SO.- The Japauc'se
legation received the following 'official
report from Toklo of the lighting be
tween the Japanese and Russians near
Chung Ju, Monday:
"On March 2Sth a portion of our cav
alry and Infantry forces occupied
Chung Ju after defeating the enemy.
The enemy who numbered about 600
inch, retreated In tho dlrectidn of Wlju.
Our casualties were Lieut. Kano and
four others killed. Capt. Kurokawa and
twelve others wounded of the cavalry
force. There were no casualties among
our Infantry. Two dead bodies were
left by the enemy on the field, but It Is
reported some seveivor eight were killed
Inside the tov.-p. These were promptly
carried off by the enemy on horseback
or by ambulance. The Russians were
seen .conveying in an ambujance two
dead men, apparently officers, and
bloodstained band.-lges were found scat
tered around. The enemy must have
sustained losses at least equal to our
own." '
BOISE CITY LANDMARK
REMOVED BY FLAMES
BOISE, rdu., March 30. A landmark of
Boise was destroyed by fire this inornlnpr.
-it whs a large bum hulli over thirty yours
ago by former Surveyor Gen. Ciu'tce. Tho
barn was owned by Mrs Ella Reed, a
dii lighter ofGon. Curlce. and occupied by
tho Iduho Dresaad Beef company.
FIFTY SAVED FROM MAO
FLOOD WATERS BY
DARING YOUTH.
Roy Stratton of Indianapolis
Distinguishes Himself
by Heroic Deeds.
Desolation Left in the Wake
of tho Deluga In In-
dlana,
Situation at Vincennes Grows Worse
and the Town of Wcstport Is
' Wiped Off tho Map.
JNDIANAPOLIS, March 30. A spe
cial meeting of the City Council to
day appropriated 25,000 to make
immediate repairs jof flood damage
In the city and an ordinance was intro
duced to sell ?200,000 bonds to make fur
ther repairs.
Mrs. Elmlra Wright died today, the
result of exposure during the flood Sho
died at the .home of her rescuer, Roy,
Stratton, aged 18, who is credited with
saving fifty persons from the high wa
ters, whose homes were flooded.
At Vincennes the Belgrade levee
broke today, causing great- damoge.
Many houses were washed from their
foundations and much live stock
drowned. i
The break increased the, water at
Westport, where the Hood Is now In the
second story of every house. The town
has -been abandoned.
Two-thirds of Lawrence county is
under water and many places twenty
feet deep. A hard rain is falling.
The damage Caused by the breaking
of the Belgrade levee will be enormous
on the Illinois side, though It has re
lieved the Indiana side. Messengers
have arrived froml?elT6odcd distftuW
asking for volunteers to assist In rcscu-.
lng the flood-bound people. Many boats
have started to the rescue.
ANOTHER CALL FOR A
POSTAL INVESTIGATION
WASHINGTON, March 30. Repre
sentative De Armond of Missouri today
introduced a resolution providing "that
the Speaker appoint five members of
the House to fully investigate the Post
ofllce department and report to the
House at as early a dale as may be
practicable; that said committee shall
bo authorized to sit during the sessions
of the House and if necessary during
the vacation, when Congress Is not in
session; that the committee Shall havo
full power to send for persons and pa
pers and the Investigation hereby pro
vided for shall be directed especially to
clearing the Innocent from a shadow of
unmerited suspicion, to uncovering the
Inefficient, careless and offending to
the recomm'ondatlons for tho correction
of abuses, to end that justice may be
done to Individuals and that the serv
ice may be Improved for the benefit of
the public." n
TO PROVIDE RIGHT OF
WAY ON PUBLIC LANDS
WASHINGTON, March 30. Senator
Clark of Wyoming today Introduced u
bill providing for a right of way for Ir
rigation on the public lands and reser
vations. It authorizes the Secretury of
the Interior to permit the use pf right
of way through the public lands re
served for reservation sites, national
park and othcr reservations, for the
storage or conveyance of water for Ir
rigation or other beneficial use, for tele
phone, telegraph, electric power or like
purposes, for tramways, etc.
The bill places the question of re
strictions In the discretion of tho heads
of departments having control of the
land, and ulso -allows Huch heuds ofde-,
partment to fix an equitable price of
public land, timber, stone, or other ma
terial, thereon, v
NEGROES TO NAME A
PRESIDENTIAL CANDIDATE
.
4 .EAST ST. LOUIS, 111.. March 4
4 30. W, T. Scott, u negro, has. an- 4
4 nounced that preparations have 4
4 been completed for a- National 4
4 convention for the nomination of 4
4 a negro capdldale for President. 4
4 Tlic convention will be held In 4
4- St. Louis July 6th, the date set -t-
4 for tho National Democratic con- 4
4 venllon. 4
4 The name of the new party Is 4
4 "The National Civil Liberal 4
4- party." and a platform will be 4
4 adopted which, Scott says, will" 4
4 call for Government ownership 4
4- 'of transportation Itiollltles and a 4
4; pension 'list for former slaves. 44
JAPS KEEP MAKAR0FF IN
A STEW AT PORT ARTHUR
4 CRONSTADT. March 31. The 4
4 war relief society has received a 4
4 cablegram from Vice-Admiral 4
4 Makaroff, dated at Port Arthur, 4
4 March 29lh, which says: 4
4 "Last night was a very hot one, 4
4 but we cannot hope for a very 4
4 quiet, lime either now7" or In the 4
4 near future. 1 sleep without un- 4
4 dressing, in order lha I may bo ?
4 .ready for any emergency. Con- 4
4 sequcnlly I cannot observe your 4
4 medical advice to take care of ,4
4 myself; nevertheless, I feel
4 splendid." 4-
4 4 4 4 44 44444444 4 4
PRESIDENT KNOX
BUYS NEW VAULT
Glenn's Ferry Irrigation Company's
Application for Segregation of
Land Approved.
BY A. F. PHILIPS.
Tribunes Bureau, "j
National Hotel. ' V ',
WASHINGTON. D. C. March 30. j
Frank JCnox, proBldent of the National
Bank of the Republic of Salt Lake City
has been hero after a ten' days' visit to
New York. He loft for homo tonight, via
Cincinnati. Hamilton and St. Lquls. In
these cities he will' purchase a new vault
end'new fixtures for his bank, which will
make It one of tho handsomest In tho
West.
.
O. O. ilaga of Boise has completed his1
mission, which bus Kept him hero for sew
cral weeka, In connection with tho Glenn's
Ferry (Ida.) Irrigation company. The
Secretary of the Interior today approved
tho company's application to scgregato
30.CO0 acres of land under the Carey act.
Tho company has spent $l2o.000, expects
to have water on the land this season, and
will enter Into contract with tho State
for the reclamation of the land. The
total expended 1b $3CO.0. Mr. Haga's
work In expediting the matter through the
department won, him many commenda
tions. Usually It requires two years to
get such a plan through.
Tho Fort Iloll bill, which Senator Du
bois introduced nnij had passed and which
-ioduaos ihfprhtfefoflilrdtd within thefive
rullp limit around Pocatollo from J10 to
$2.50 nor ncro. has been signed by tho
Prr-sldent and Is now law. Tho landa
will now be classified and will then be
subject to entry.
The supervisor of construction, John
CharloH, of the Indian bureau, will be sent
to Pan gulch shortly to remodel part or
the buildings and erect now ones for tho
Shebbltt Indian school. There Is a fund of
JM.O00 available for this purpose.
V
Supervising Engineer Robert M. Prlndlo
goes to Elko. New, for tho purpose of
looking over tho slto for on Indian school.
Congress appropriated W0.CO0 for this,
e
The Indian supply hill carries ni amend
ment by Senator Stowart appropriating
$35,CO0 mora for tho samo school. Con
tracts havo been let. Construction will
soon begin on the Fort Hall Indian school.
Senator lleyburn has been endeavoring
to seeuro the appointment of an Idaho
man for tho position of superintendent of
construction rathciv than havo an m
ployeo of the Indian service transferred.
There are many applicants, but J. a.
Murray of Pocntello probably will bo
recommended by Senator lleyburn.
An amendment to tho Indian mipply bill,
striking out the extension of' the time" of
tho opening of I'lnuih reservation, has
boon agreed tov by the conferees.
UP GOES OLD GLORY TO
MASTHEAD IN NEWCHWANG
4 LONDON, March 31. A cor- 4
4 respondent of tho Times at 4
4 Newchwang cables: 4
4 "The Russian police have 4
4 apologized, and have re-hoisted. 4
4 the United States flag over the 4
4 coi'respondents' mess." 4
4 4 4 44444444444 4 4
LIVE WIRE IMPERILS
A DENVER SKYSCRAPER ;
DENVER. Colo., March SO. A fire
started on tho eighth floor of the Cooper
building, one of the largest office build
ings In the city, tonight, and for a tlmo
threatened to spread and consume the
structure.
By Hooding tho eighth floor, tho firemen,
succeeded In extinguishing the blaze, but
not without causing considerable damage
by water.
Tho loss cannot now be given. The
heaviest damage falls upon the Colorado.
fit Southern railroad, whose main offices
occupied nearly the entiro eighth floor.
The records of tho company wore great
ly damaged. t?spcclally those of the engi
neering dupurtment. Tho flro was caused
by a llvo electric wire.
4444444. 4 44444-444
4 THOUGHT HE WAS WANTED 4
4 AND BROKE INTO JAIL 4
SAN FRANCISCO. March SO. 4
George Lhirtoli surrendered himself
4 to 'the police today, saying he was 4
4wunted In Lucas county, Ohio, on a 4
4 charge of embezzling J1100 of tin;
county's funds. IIo was formerly
4 county clerk, and says ho loft Tole-
4 do on October 27th, cpmlng- direct to 4
-f- San Francisco. -f.
4- - 4
4 A dispatch from Toledo, O., re- 4
4 eclvod tonight stutos that Cfeorge -f
4 Durlon, reported to have Hiirren- -f-
4 dered to tho jollco of San Francisco, 4
-4- l unknown to tho aulliorltloa there,
4 and that thoro has boon no emboz-
4 zlomont of funds In the offlco of the 4
-f. Clork of Lucas county.
BRIBERY STORY STOPS
TRIAL OF WO
FOR MURDER.
Sensational Interruption in
the Case of Mrs. Botkin
at San Francisco
Four of the Jurors, It 19 Alleged,
Given Money to Favor
the Defendant.
Court Orders tho Jury Into Custody
of Sheriff and a Thorough In
vestigation. Will Be Mado.
SAN FRANCISCO. March 30. The
second trial of Mrs. Cordelia Bot
kin on the charge of having
caused the dcath of Mrs. J. P.
Dunning by moans of poisoned .candy,
ended in a sensational manner late this
afternoon.
Acting upon information that four
Jurors had been bribed to favor the
prisoner, Judge Cook ordered the Jury
into the custody of the Sheriff until to
morrow morning, when he will formally
dismiss the Jury and bbgfli the Impan
eling of a new one.
It Is alleged that besides four jurors
who are sald to have beeen Influenced,
an attempt waB made to bribe a fifth
one.
Defense Denies.
When the denouement came In court
today, George A. Knight, Mrs. Botkin'3
attorney, made a passlonato speech, dis
claiming that Mrs. BOtkln or any one
connected with her case was Implicated.
He also said that he would not con
tinue with the present Jury.
The State's attorney concurred In a
motion to discharge the Jury
Judge Cook said that If the jury
should have rendered a verdict of guil
ty he would certainly have been forced
to grant a new trial under the circum
stances. He would hav Immediately granted
the-motlon 'toaismlss the Jury hnds not
he desired to look up the law, and
therefore adjourned court until morn
ing. A brief Investigation was held by
Judge Cook after the Jury left tho
room.
Story of a Juror.
Chief of Police Wlttman testified that
one of the Jurors had followed him to
his office after the noon adjournment
yesterday and said that on tho previous
evening a strange man had called on
him and said:
"We have secured four Jurors for tho
defense and want a fifth. We will give
you 550."
Tme juror told the Chief that he
turned down the offer, saying to his
tempter: "I am no such dirty mam I
would not take ?50 or 550,000."
Continuing, the Chief of Police said
that when the Juror left the courtroom
yesterday afternoon he was shadowed
by a detective, who saw him secretly
meet a woman, with wjiom he talked
for several minutes.
Judge Cook declared that the man
had violated his duty In talking with
anybody about his case.
LONDON DUDE'S ATTIRE
ASTONISHES THE TOWN
By Special Cable,
LONDON, March SO. Lord Arthur
Hill Is anxious to relieve the ordinary
somberness of the masculine garb. He
appeared at a public function the other
day wearing light check trousers, cuta
way blnek coat and waistcoat of bright
crimson, while acros? its wide expanse
he wore a largo wntch chain. A black
and white tio of ample .proportions was
adorned by a turquoise and diamond
pin. On two fingers of each hand were
wide gold rings. A bracelet of gold en
circled his wrist.
WHY WAR NEWS IS SCARCE
AND SO UNSATISFACTORY
LONDON, March 31. The Telegraph
says the Japanese authorities have re
fused correspondents the use of tho
field telegraph lines, and that all dlH
patches must be sent to Toklo bV mall.
The paper further says that there Is
no sign that any foreigners will be per
mitted to go' to the front, though the
native newspapermen will be allowed
to do so.
The Telegraph, in an editorial on the
unprecedented severity of this cenKor
ship, suggests that Japan has some
new and important move to conceal.
AGED FORGER ASKS COURT
TO IMPOSE LIFE SENTENCE
i
LOS ANGELES, Cal., March SO.-
J. II. Overholtzcr of Audubon, la..
4 former member of the Iowa Logla '
lature. was today sentenced by 4-
4 Judge Smith In tho Superior' court 4
4 to servo two years In San Qucntin 4
4 penitentiary for forgery. Over- 4
4- holtzer forged the iwnno of MrK 4-
4 Mary Grlswold to deeds for proper- -f-4-
ty Pasadena county, and attempted
4 to dlsposo of.lt.
4 After tho court had Imposed aen-
4 tenco Ovcrholtzer requested the 4
4 Judgo to change the sentence to life 4
4 imprisonment. His request wus do- -f-
4 nlcd. Ovcrholtzer is years of age. 4-.
HIGHERRANK PROPOSED
FOR'CHAPLAINS IN ARMY
4 WASHINGTON. March 30. 4
4 President Roosevelt and Repre- 4
4 sontatlve Hull, chairman of tho 4
4 Military Affairs cpmmlltee of 4
4 the House, today discussed a bill 4
4- which provides a higher rank for 4
4 the army chapluln, In which the 4
4 President Is interested.- 4
4 It is urged that sufficient pro- 4
4 vision i$ not made In the pros- 4
4 ent law rewarding any army 4
4 chaplain for merltous service. 4
4 During the Spanish-American 4
4- war several chaplains were 4
4 recommended ior gallant serv- 4
4- -ices, but It was impossiblo to 4
4 give them the reward 4
4-N The War department favors 4
4 legislation to increase the rank 4
4 and pay of chaplains. 4
44444444444444
GIRL IN A TRANCE
SEES QUEER THINGS
Thought Sho Was in Heaven, and
Recognized -Relatives Who Died
Several Yeara Ago. .
Special to The Trlbuno.
EVERETT, Wash., March 30. Sev
eral nights ago, Rhoda Thomaa,
aged 14, went Into a trance at a
Free Methodist revival meeting,
remaining unconscious for four hours.
Her traifce came on as a friend was
asking her to go forward to the altar
She was carried to the platform, and
her mother made an effort to revive
her, but It was unavailing, and upon
the advice of the pastor, who said
he had seen similar 'cases, sho de
sisted. ,
The girl remained motionless, ex
cept that she smiled occasionally. She
went into tho trance at 10 o'clock and
did not come out of It until 2 o'clock
In the morning. She looked dazed at
first, and simply told thc people
around her that she had been in
heaven. .
Next day she described her experi
ences to her mother. She said that at
first -she seemed to be falling an Im
mense distance through darkness. Then
she began to rise, slowly at first, and I
with great effort, until she saw before !
her the white gates of heaven.
"The gates opened," she said, "and
I was Invited to enter. I saw a great
golden throne, with clouds above It,
and a beautiful white angel on guard.
Then I saw Jesus on the white
throne. There was a halo above his
head, and ho looked as he does In pic
tures I have seen.
"I wanted to stay there, but he told
me to go back to the world. While in
heaven, I saw my little nephew, who
died two years ago, and my grand
mother met me, dressed just as she
used to be She called me by name,
and shook hands with me I saw many
other people whom I didn't know, com
ing and going continually."
BURTON SENTENCE
STILL HANGS FIRE
Motions for Arrest of Judgment
and Now 'Trial Not Yet
Argued.
ST. LOUIS. March CO. No action was
taken In the United States District court
today In the case of United States Sen
ator J. R. Burton of Kansas, convicted
of having received payment for protect
ing the Interests of the Rlalto Grain and
Securities company In the Fostofllce de
partment. It Is probable that the bill of excep
tions that tho counsel for the defense Is
preparing will be finished by tomorrow
and will be filed in court, together with
a motion for appeal. Sentence then will
be passed on Senator Burton and he
will be required to give a new bond
pending the rehearing of the case on
appeal.
Tn his motion of arrest of judgment
Senator Burton's counsel sets forth the
following arguments:
First, neither of the counts of the in
dictment stutos facts sufficient to 'con
'stitute an offense against the laws of
the United Stntes.
Second, neither of the counts states
facts sufficient to show either the pen
dency In the Postofllce department of
the L'nltcd States of a matter or thing
of any Interest dlrently or Indirectly In
such matter or thing on the part of the
United States.
Third, the court was without 'Juris
diction to try and determine the said
case at the time when It was. tried and
determined and all proceedings had
therein are void and should be per
naught held.
Fourth, the providing of freedom from
arrest granted to the defendant during
the session of tho Senate of the United
Stales is not merely a personal privi
lege, but it is a prohibition against ar
rest in jurisdiction proceedings against
all members of the Senate of the United
States during tho session of the Sen
ale which cannot be waived by such
member.
SWEARS NOT TO PLAY
POKER FOR 99 YEARS
M'KDESPORT, Pa.. March 30.
Thornus" R. Danforth, a business man,
after sitting in a poker game last night
and losing 5200, went to Alderman L. N.
Morgan, and, saying he wanted to
swear off, asked the notary If he could
administer an oath to that effect. Squire
Morgan replied that at the rate of SI
an oath he could administer a cast
iron obligation to stop anything. Dan
forth paid the monoy and took an oath
not to play pokeragain for ninety-nine'
years.
REPUBLICAN DELEGATES : I
OUGHT NOT TO BE I
FACTIONISTS. I
Animosities Should Be Laid i H
Aside in the Interest of H
Party Harmony. H
Withdrawal of Senator Kearns i
and His Friends From Can- H
tost In Earnest. : H
Men Selected Should Represent tho I '
Whole State, and Not Self-.
Seoking Cllqucv
THIS evening in tho ninety-three
election districts In this county,
primaries will' bo held to select
125 delegates to represent the H IH
county in tho State convention, to "be j;
held in this -city on Friday, April Sth. , IH
Tho latter convention Is to select six i IH
delegates and ?lx alternates to go to
the National Republican convention at
Chicago In June next. nl
N There is very little Interest taken In
the primaries In this city for the rea- IH
son that there will be no contest any
where along the line. Senator Kearnn,
in the letter published last week, an- ;
nounced that in tho Interest of party
harmony he would not bo a candidate
for delegate to the National convention
and sniggested that his friends, for the
reasons yet forth In that letter, follow
not only the letter of his communica
tion, but the spirit thereof.
Friends of Kearns Withdraw. '
Adopting the view of the Senator his
friends In this State, In the Interest of
party harmony, concluded that It would
not be wise for any of them to make 1
any contest for places on the National 1
delegation, and as a result his staunch
est supporters in this city and county jH
will make no .effort to be sent as dele
gates to tho S'tiitci convention, to that
all other factlonists. If. there be any,
will have : clear field.
As was announced In last Sunday's
Tribune, the purpose of Senator Kcarnw 1
and his friends would be to cjear th"
field. If possible, of all factlonists and jH
to send to the National convention six
men allied with no particular section of
the party, but who would yet be ac
ceptablc to the Republicans of the
State. IH
Factionists Should Stay at Home.
In connection with that matter it
was attempted to -be shown how im
politic It would be to send three strong
fnctlonlstB whose names are set out in
the article. Although nothing dcroga-
I'tory was said concerning these three
men, except in the interest of party har
mony it would seem advisable at this
Juncture that they should not be sent
to the National convention as delegates.
the Deseret Nowa of Tuesday evening
attempted to make it appear that The
Tribune was trying to read these. three
men out of the party. Just what Na- iH
tlonal party the Deseret News Is the
organ of. It Is impossible at this time H
to ascertain, and why It should tak- 1 1
such a decided Interest in Republican 1
affairs Is a mystery difficult to solve. ;
The News in ihe course of. the ar- 1
tide said that It Was the Intention of (
the EO-called Kearns men to inject Into ,
the platform of the Republican party of ,
Utah, a plank concerning social, condi- , IH
tlons In the State. Just whero the New s
got this Information it is impossible to
learn, for no such Idea had ever been
suggested by any oC the friends of Sen- jH
ator Kearns, or by the Senator him- H
self, and tho only punxse of It could IH
have been to Inflame the Mormon Re-
publicans of the State in favor of
adopting the plan which the Deseret , IH
News seems to favor, towlt: to mnd j jH
delegates to the National convention IH
who represent a factional element of the IH
Republican party and thus create dis-
cord in the Republican ranks. IH
Some Insido Histoiy.
In connection with this matter a lit-
tie Inside history of events may not b IH
out of place. Soma weeks ago some of IH
Senator Smoofa friends In this county
puggested to some of. the Jxlenda of IH
Senator Kearns that It might be advls- IH
able, in the interest of party harmony
In this county especially, to keep the
entire Congressional delegation, con- jH
slcting of Senator Kearns. Senator VM
Smoot and MrvIIowells, away from the
National conv6ntlon. IH
It was intimated that If any bitter IH
contest waa waged this spring between jH
the factions the results next fall
to the countv and district Republican IH
tickets might prove disastrous?. Believ-
ing that the interests of the Republican JM
partv in this county and tho State IH
might bo subserved If such a result
could be brought about, and all fac- jH
tlonal differences adjusted, It wa (
agreed that an effort would be made to
suggest to Senator Kearns tho advls-
abllltv of adopting such a course. i
Senator Smoot and Mr. Howells (
agreed that their names should not go
before the convention as delegates, and lH
Senator Kearns readily consented to do ( IqH
likewise. The letter which Senator IH
Kearns wrote on the subject was clear (
and 'explicit, and hlf friends through
out the Stale, acting on his advice.
agreed among themselves that the
would make no effort of any kind to IH
send him or any of his friends as dele- -H
gates to the National convention. 1 jH
. Mado in Good Faith.
It was supposed at tho time when the ', jH
suggestion was first made that all fac-
tlons should withdraw from the fight, JH
that Is was made In good faith, and
Is was not for a moment believed JH
after the Congressional delegation ( M
withdraw from the race that an at-
tempt would be made to place three of H
the warmest supporters of one of the H
Senators In the race to represont him. H
Certainly there, could have been ,no H